Unemployed Workers’ Rights
A Guide
Australian Unemployed Workers’ Union (AUWU) Table of Contents I. INTRODUCTION 4 II. HELPFUL LINKS, FORMS AND PHONE NUMBERS 5 III. RECENT GOVERNMENT ATTACKS AGAINST THE UNEMPLOYED 6 IV. PROTECTING YOUR BASIC RIGHTS: A CHECKLIST 7 PART ONE: JOB AGENCY QUESTIONS 8 1. WHAT ASSISTANCE IS MY JOB AGENT REQUIRED TO PROVIDE TO HELP ME FIND WORK? 8 2. MY JOB AGENT IS NOT RECOGNISING MY BARRIERS TO WORK (MEDICAL CONDITION, CARING RESPONSIBILITIES, FAMILY ISSUES). WHAT CAN I DO? 10 3. I AM BEING FORCED TO SIGN A JOB PLAN THAT DOES NOT RECOGNISE MY NEEDS AND ABILITIES. 10 4. DO I HAVE TO SIGN MY JOB PLAN WHEN IT IS FIRST PRESENTED TO ME? 11 5. WHAT ARE MY JOB SEARCH REQUIREMENTS? CAN I HAVE THEM REDUCED? 12 6. MY JOB AGENT IS BULLYING ME. WHAT CAN I DO? 14 7. I AM BEING THREATENED WITH A PENALTY OR ACTIVITY THAT I DO NOT UNDERSTAND. WHAT CAN I DO? 15 8. I AM BEING FORCED TO ATTEND MULTIPLE APPOINTMENTS PER MONTH (INCLUDING TRAINING ACTIVITIES). WHAT CAN I DO? 15 9. MY JOB AGENT DOES NOT GIVE ME ENOUGH NOTICE BEFORE SCHEDULING AN APPOINTMENT OR ACTIVITY. WHAT CAN I DO? 15 10. I WANT TO CHANGE JOB AGENCIES. HOW CAN I DO THIS? 16 11. MY JOB AGENT WANTS MY PAY SLIPS. WHAT SHOULD I DO? 17 12. MY JOB AGENCY IS PENALISING ME FOR MISSING AN APPOINTMENT WITH THEM. WHAT IS A REASONABLE EXCUSE FOR MISSING THIS APPOINTMENT? 17 13. MY JOB AGENT IS FORCING ME TO ACCEPT A JOB THAT IS NOT SUITABLE. CAN I REFUSE IT? 18 PART TWO: WORK FOR THE DOLE CONCERNS 19 1. I AM BEING FORCED TO UNDERTAKE A WORK FOR THE DOLE ACTIVITY AGAINST MY WILL. CAN I UNDERTAKE ANOTHER ACTIVITY INSTEAD, SUCH AS VOLUNTARY WORK OR PART TIME STUDY? 19 2. HOW DO I UNDERTAKE A VOLUNTEER ACTIVITY INSTEAD OF WORK FOR THE DOLE? 20 3. I HAVE A MEDICAL CONDITION/CARING RESPONSIBILITIES YET MY JOB AGENT IS FORCING ME TO DO AN ACTIVITY. WHAT CAN I DO? 21 4. I HAVE CONCERNS ABOUT THE SAFETY AND SUITABILITY OF MY WORK FOR THE DOLE ACTIVITY. WHAT ARE MY RIGHTS? 22 Unemployed Workers’ Rights A Guide 2 5. AM I INSURED IF I AM INJURED AT MY WORK FOR THE DOLE ACTIVITY? 23 6. I AM RECEIVING PAID WORK BUT MY JOB AGENCY IS STILL FORCING ME TO DO WORK FOR THE DOLE. CAN THEY DO THAT? 24 7. HOW MANY HOURS DO I HAVE TO DO FOR WORK FOR THE DOLE? 24 PART THREE: APPEALING AGAINST A DECISION, MAKING COMPLAINTS AND FIGHTING BACK 25 1. AM I LIKELY TO BE SUBJECT TO NEGATIVE REPERCUSSIONS FOR STANDING UP FOR MY RIGHTS? I AM SCARED I WILL LOSE MY BENEFITS OR BE KICKED OFF THE DOLE. 25 2. HOW DO I APPEAL AGAINST A CENTRELINK OR JOB AGENT PENALTY? HOW DO I MAKE A COMPLAINT? 25 3. I WANT TO GET MORE INVOLVED IN THE AUSTRALIAN UNEMPLOYED WORKERS UNION. HOW CAN I HELP? 27 APPENDIX 28 I. LEGEND II. MUTUAL OBLIGATION REQUIREMENT TABLES (A) UNEMPLOYED WORKERS UP TO 30 YEARS OLD (B) UNEMPLOYED WORKERS BETWEEN 30-­‐49 YEARS OLD (C) UNEMPLOYMENT WORKERS BETWEEN 50-­‐59 YEARS OLD III. HOW JOB AGENCIES MAKE THEIR MONEY (A) OUTCOME PAYMENTS (B) WORK FOR THE DOLE FEES IV. EMPLOYMENT SERVICES GUARANTEES AND CODE OF CONDUCT V. WORK FOR THE DOLE RISK ASSESSMENT (PLACE) 28 29 29 30 31 32 32 34 36 39 Produced by the Australian Unemployed Workers’ Union Melbourne, April 2016 Email: [email protected] Printed at National Union of Workers, National Office Unemployed Workers’ Rights A Guide 3 I.
Introduction Congratulations on getting hold of the guide to unemployed workers rights!
You are now reading information written by and for all unemployed and
underemployed workers in Australia. The AUWU hope it helps you find your way
through the punitive, unpleasant, and often harrowing world of collecting an
unemployment entitlement ( known as the ‘Newstart Allowance’).
If you receive an unemployed entitlement, then you have rights. These rights are
protected by a number of legal documents which are designed to regulate the
employment services industry.
The information on unemployed workers rights contained in this guide is primarily
taken from the Government’s “jobactive deed 2015-2020”, the jobactive guidelines and
the “Guide to Social Security Law”.
The jobactive deed 2015-2020 is a contract that every job
agency (also known as jobactive provider) signed with the
Federal Government. The job agencies are beholden to this
contract and are legally obliged to follow it.
This booklet is designed for unemployed workers who attend
jobactive employment agencies. If you attend a disability
employment service (DES), this book will only be of limited use
to you (for more info on your rights at a DES, see helpful links
section).
"I am 61 years old and I live in a small rural town. The agency made me attend their offices 180 km away, under threat of penalties. No job interviews just endless nonsense and hoop jumping." – Anon You might find this guide tells you things that are surprising or
different from what you have been told by your job agent or
Centrelink. This is not because we have got it wrong, or because
we are interpreting the law differently. The simple fact is job agencies make money
from unemployed workers attending certain activities and appointments. For this
reason, job agencies commonly use the threat of penalties to push unemployed workers
into attending these activities and appointments even though unemployed workers are
within their rights to refuse.
The business model job agencies rely on unemployed workers not knowing their rights.
The Federal Government is likewise happy to keep unemployed workers in the dark on
their rights. The Government aware that if every unemployed worker knew their rights
as they are stated in the jobactive deed and guidelines, job agencies would find it much
harder to force unemployed workers into lucrative activities making the employment
services system unworkable.
Once you understand you rights, you will be well on your way to making the best of a
bad situation.When you are having trouble coping, or are being treated disrespectfully,
chances are your rights are being violated. With the backing of social security law and
the AUWU, you can demand better.
The good news is, you are not alone in this struggle. There are over 800,000
Newstart recipients and more than one million underemployed people. If we unite,
we have nothing to lose but our chains.
Unemployed Workers’ Rights A Guide 4 II.
Helpful Links, Forms and Phone Numbers Links
http://unemployedworkersunion.com/helpful-links/
Links included on this page are:
Jobseeker insurance guide for Work for the Dole
jobactive guidelines
Membership form
Find your local AUWU branch
Transfer by agreement form
Volunteer organisation approval form
Verification of volunteer work form
Centrelink Nominee Form
Employment Fund information
Disability Employment Service Advocacy Information
Austudy Approved Courses
AUWU facebook page
Free Counselling Services
Phone numbers
"My jobactive provider wanted me to quit my part-­‐time job that I have worked in for four years and love, to accept the one they got me as a kitchen hand which I would hate. That position would have got me more hours (not enough to get off the dole), and is public transport costly whereas my current job gives us a free bus card to get to work. I went to the interview, and the employer stressed he needed me to have full availability, so I thanked him and said I am sorry to have wasted his time. I got a call afterwards and the jopbactive provider was extremely angry. They reported me to Centrelink and I then switched to another provider." – Anon Unemployed Workers’ Rights A Guide Australian Unemployed Workers Union Hotline: (03)
8394 5266
Department of Employment Customer Service
Hotline: 1800 805 260
Commonwealth Ombudsman: 1300 362 072
Centrelink numbers
Newstart: 132 850
Youth Allowance: 132 490
Repayment of a Debt: 1800 076 072
Basics Card Balance Enquiry: 1800 057 111
Income Management Inquiry: 1800 132 594
Cares Payment and Carers Allowance: 132 717
Feedback, Suggestions or Complaints: 1800 132 468
Family Payments: 136 150
Indigenous Centre: 1800 136 380
Multilingual Phone Service: 131 202
My Gov: 132 307
Online Accounts and Mobile App: 132 307
Older Australians: 132 300
People with disability: 132 717
Phone Self Service: 133 276
Assistance for Isolated Children : 132 318
Farmer Assistance: 132 316
Students Line: 132 490
ABSTUDY: 1800 132 317
Australian Apprenticeships: 133 633
5 National Welfare Rights Network Numbers (Centrelink matters only)
Canberra Community Law: (02) 6218 7977
Sydney Welfare Rights: (02) 9211 5300 / 1800 226 028
Illawarra Legal Centre: (02) 4276 1939
Alice Springs Central Australian Aboriginal Legal Service: (08) 8950 9300 / 1800 636
079
Darwin Community Legal Centre: (08) 8982 1111 / 1800 812 953
Darwin Northern Australian Aboriginal Justice Agency: (08) 8982 5100 / 1800 898 251
Queensland Basic Rights: (07) 3847 5532 / 1800 358 511
Townsville Community Legal Service: (07) 4721 5511
Adelaide Welfare Rights Centre: (08) 8223 1338 / 1800 246 287
Hobart Community Legal Service: (03) 6223 2500
Launceston Community Legal Centre: (03) 6334 1577 / 1800 066 019
Barwon Community Legal Service: (03) 5221 4744 / 1300 430 599
Victorian Social Security Rights: [Melbourne] (03) 9481 0355
[Geelong] (03) 5221 4744
[Rural] 1800 094 164
Perth – Sussex Street Community Law Service: (08) 6253 9500 / 1800 642 791
Perth – Welfare Rights and Advocacy Service: (08) 9328 1751
Fremantle Community Legal Centre: (08) 9432 9790
III.
Recent Government Attacks Against the Unemployed Since the Coalition Government came to power in 2013
unemployed and underemployed workers (as well as social
security recipients as a whole) have been subjected to a vicious
assault, making today the worst time in our post-war history to be
looking for work.
These attacks include:
● Failure to address our Employment Crisis
Today going by the official figures there are 11 job seekers
competing for every job vacancy. This ratio has tripled since 2008
● Refusing to Raise the Dole to the Poverty Line
"I've lived on Newstart for more than four years. I can't remember the last time I bought a t-­‐shirt. I've been wearing the same three shirts because even $2 at the Salvos for a new shirt is too much. I can barely pay my bills let alone pay for the textbooks I desperately need for uni.” – Ria As of April 2016, the Newstart Allowance is currently $386 below the poverty line per
fortnight. This is only expected to increase. This payment has not been increased in real
terms for 22 years.
● Giving Job Agencies the Power to Fine the Poor
In July 2015, job agencies were given the power to fine the unemployed. The Government is
pushing to expand these powers by allowing agencies to fine unemployed people 10% of
their entitlement for a variety of offences including failure to sign a job plan on the spot,
failure to attend Work for the Dole activity, and (the open to interpretation) inappropriate
6 Unemployed Workers’ Rights A Guide behaviour,
The Government wants these fines to be issued on the spot, which will effectively deny any
meaningful right of appeal, and give job agencies unprecedented powers over the lives of
unemployed and underemployed workers.
● Work for the Dole Expansion
On 1 July 2015, Work for the Dole was expanded so that it occurred sooner into the period
of receiving unemployment entitlement (six months rather than a year), and for longer (25
hours a week for under 30 year olds).
●
Income Management Expansion
In March/April 2016, the Federal Government began to trial a new income management
program called the ‘Healthy Welfare Card’ across three sites in South Australia and Western
Australia. The ‘Healthy Welfare Card’ escalates the already discredited and punitive ‘Basics
Card’ by restricting 80% of unemployed people's income to the card (the Basics Card
restricts 50%), which can only be used at ‘Government approved’ places. The Government
has indicated it will expand the Healthy Welfare card across all rural areas in Australia.
IV.
Protecting Your Basic Rights: A Checklist To ensure your job agency respects your basic rights, the AUWU recommends you take the following precautions: A FAIR JOB PLAN ☐ NEGOTAITE Check your job plan to make sure you aren’t being forced to do things that you don’t have to (see appendix I for details about your obligations). YOUR OWN ACTIVITY ☐ CHOOSE you are not happy with your Work for the Dole activity, find a suitable volunteer If activity and inform your job agency you would like to do this volunteer activity ☐ instead. You have a right to undertake a suitable voluntary activity as the jobactive deed considers it an ‘approved activity’ (see Part 2, Question 2) GET YOUR BARRIERS TO WORK RECOGNISED If you feel that your job agency is not recognising your personal circumstances that make it difficult for you to work (medical condition, caring responsibilities, family issues), call Centrelink and ask them for an ‘Employment Services Assessment’. Once booked, all mutual obligation requirements will cease until this assessment is attended. If you barriers to work are considered credible, Centrelink may exempt you from activities or significantly reduce your obligations. (See Part 2, Question 3) YOUR JOB AGENT PROVIDES CORRECT SERVICES ☐ ENSURE See Part One, Question One Unemployed Workers’ Rights A Guide 7 PART ONE: Job Agency Questions 1. What assistance is my job agent required to provide to help me find
work?
Job agencies speak a lot about the mutual obligations you
have as an unemployed worker. However, they often fail to
mention their own mutual obligations listed in the jobactive
deed. According to the jobactive deed (section 85-86), there
are three main ways your job agency is supposed to help
you find work. These are: I.
General employment services Regardless of the stream you are in, your job agency must:
●
Canvass with you the jobs that employers have
available in the local labour market ●
Explain your rights and obligations under the Social Security Law ●
Assist you to prepare a resume ●
Refer you to suitable vacancies ●
Make available, and provide advise on how to use, "I have been seeing my jobactive provider for over a year. I was under the impression that they were there to assist me in finding employment. I have never received any assistance. When I made a complaint, the manager of that branch basically told me I was an idiot who clearly didn't understand what the company was supposed to do for me. They always make me feel horrible about myself and my situation." – Talei ●
Provide you with information about skill shortages and advise about local,
regional, or national employment opportunities ●
Assist you to apply for jobs ●
Explain the employment provider services that the provider will provide to you ●
Identify your strengths and any issues that you may have relating to finding
employment
If your job agency refuses to provide you with any of these services, they are breaking
the jobactive deed. II.
Employment fund
As an unemployed worker, in certain cases you are entitled to receive money from your
job agency for expenses that relate to looking for and maintaining a
job.
"My jobactive The amount of money you are entitled to depends on your stream:
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Stream A - $300 credited at 13 weeks of registration Stream B - $850 credited upon commencement into Stream B Stream C - $1200 credited upon commencement in to stream C provider made me buy boots and other personal protective equipment in order to be "job ready". – Donna Unemployed Workers’ Rights A Guide 8 I have to go to a jobactive provider once a month. They have been of no help at all. They have never sent me for a job interview, offered retraining, or helped me in any way." – Anon ●
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o
o
o
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These fees are only paid once per stream, per period of
unemployment (a period of unemployment starts when you
commence services with a job agent and ends when you exit).
Your job agent must pay for the purchases and then seek
reimbursement through the Employment Fund General Account.
According to the “Employment Fund Guideline”, the money in the
employment fund is designed to “provide eligible job seekers with
the work-related tools, skills and experience that correspond with
their difficulties in finding and keeping a job in the relevant labour
market”. Here are some examples given in the “Employment Fund
Guideline” of what expenses are covered by the Employment
Fund:
Accredited interpreters Accredited training Clothing and presentation (for job interviews, commencement of employment etc.) Employer related training (non-accredited only) – should your provider need to train
your employer in a particular process or management strategy to meet a job seeker’s
needs) Cards and vouchers for food, phone calls or petrol Jobseeker transport (public transport) Medical expenses Non-Work for the Dole Activity costs (eg. Risk Assessments) Post placement support (should a jobseeker require assistance in addressing issues for
maintaining employment) Professional services (registered psychologists or allied health professionals) Relocation assistance Rent and crisis accommodation (only when the job agency has exhausted all other
avenues – only available one per period of unemployment, unless under special
circumstances such as domestic violence) Assistance with legal and utility expenses (electricity etc.) -- offered to Stream C
unemployed workers only. Targeted pre-employment preparation (foundation skills training, employability
training for one period of unemployment by jobseeker, capped at $300 per Stream B
and $500 per Stream C) -- offered to Stream B and C unemployed workers only Tools, books, equipment and mobile phone
Tools and equipment for jobseekers to find and keep a job
(this may not be approved until you have secured the job
"I've not once ever and have a start date) been asked how my Books and equipment for jobseekers to undertake training
jobactive provider can or educational placements help me and what I The cost of basic mobile phones (calls, texts, possible
need to become emails), for the handset only – not credit.
employable. After 4 years of hearing the Other work related items that will assist the jobseeker in
same babble I'm about securing and/or maintaining employment. sick of it. I want real help.” – Lucas Unemployed Workers’ Rights A Guide 9 ●
●
Work Trials limited to no more than 2 weeks and only for the
wages earned in that period. There must be a position available to
be filled for a paid job trial to go ahead. The employer must pay
the jobseeker and the provider can reimburse them. This must be
agreed upon between all parties prior to the work trial taking
place. Work related licensing (Forklift, OHS etc.) If your job agent refuses to use the Employment Fund for
approved expenses, they are breaking their obligations as set out
in the “jobactive deed”.
III.
"I have been made to hitchhike over 50 kms to and from the agency with no help and a refusal to pay for a train ticket or any other support." – Robert Wage Subsidies
If you find a job, in certain circumstance you are entitled to a wage subsidy from your
job agency.
According to the “jobactive deed”, the wage subsidy amounts to $990 and is available
to unemployed workers in every Stream.
To be get a wage subsidy, you must enter into one of the following programs:
●
●
●
●
●
Restart Programme
Long Term Unemployed (LTU) and Indigenous Wage Subsidy
Youth Wage Subsidy
Parents Wage Subsidy
Tasmanian Jobs Programme
Ask your provider if you can qualify for any of these programs
2. My Job Agent is Not Recognising my
Barriers to Work (medical condition,
caring responsibilities, family issues).
What can I do?
Request an Employment Services Assessment. See Part 2, Question 3 for more details. 3. I am being forced to sign a job plan that
does not recognise my needs and abilities.
Your job plan must reflect your personal
circumstances. If you feel that your job plan does
not accurately reflect your needs and abilities,
request that your job plan be changed immediately.
"I am a single mother and have worked most of my life. I have a university degree and volunteer, and right now I am studying to be a psychologist. I find it impossible to live on Newstart with three kids under 13 and studying full time. I constantly live hand to mouth, often can't afford to buy food, petrol. I don't smoke or drink alcohol and I don't go out anywhere. Once a month (every second payment) 100% of my payment goes on paying my rent for that month. For that next fortnight, I have to rely on cash converter loans, borrowing from friends, advances, or hoping I get the minimal $50 per week child support for three kids from their dad." – Kelly According to the “Job Plans Guideline”, your job
agency must take into account the following
circumstances when setting and approving the terms of your job plan:
Unemployed Workers’ Rights A Guide 10 the job seeker’s individual circumstances, in particular their assessed work
capacity (where relevant), their capacity to comply with the requirements, and
their personal needs ●
the job seeker’s education, experience, skills and age ●
the impact of any disability, illness, mental condition or physical condition of the
person on the person’s ability to work, to look for work or to participate in
activities ●
the state of the local labour market and the transport options available to the
person in accessing that market ●
the participation opportunities available to the person “I told my caseworker at the ●
the family and caring responsibilities of the person
jobactive provider that I am (including availability of child care) on pain medication and that ●
the length of travel time required to comply with the
my lowest disc slips out of requirements (90 minutes each way or 60 minutes if
adjustment without notice the job seeker is a principal carer parent or has a
and would render me Partial Capacity to Work) unreliable for any work ●
the financial costs (such as travel costs) of complying
commitment. She just with the requirements, and the person’s capacity to
showed me where to sign or pay for such costs I wouldn’t get paid. I now ●
any other matters that the Provider considers relevant
have to survive on $240 a in the circumstances (including if the job seeker
week and attend discloses that they are a victim of family violence) appointments with these ●
if the job seeker has any vulnerabilities or
agencies that are an hour vulnerability indicators (as identified by DHS) such as
round trip by car whenever homelessness, psychiatric problems or mental illness,
they see fit to see me. I’m severe drug or alcohol dependency, traumatic
back on my anxiety relationship breakdown, etc medication and feel helpless ●
cultural factors and depressed. I feel incredibly angry, ashamed If your job agent refuses to recognise your personal
and guilty for some reason, circumstances, they are breaking the jobactive deed. Maybe that’s where they want me. I am a nothing and 4. Do I have to sign my job plan when it is first
considered a nobody to the Australian government." presented to me?
– Darren ●
Under the “jobactive deed”, unemployed workers are
entitled to negotiate an appropriate job plan. However, job agencies are known to
threaten unemployed workers with penalties if they do not immediately agree to the
terms in the job plan. This is a breach of the “jobactive deed”.
Job agencies cannot penalise job seekers for not signing their job plan on the first
appointment. According to the “Job Seekers Compliance Framework Guideline”,
unemployed workers can only be penalised for not signing the Job Plan after the second
appointment (which should come a month after your first appointment).
Below is an excerpt from the “Job Seeker Compliance Framework Guideline”:
Failure to enter into or vary a Job Plan — This is submitted when the job
seeker attended their Appointment but did not enter into a Job Plan or did not
agree to their Job Plan on the jobactive powered by JobSearch website or
jobactive Job Seeker App in the required timeframe. DHS will investigate the
Unemployed Workers’ Rights A Guide 11 incident with the job seeker and will book another Appointment with their
Provider for them to sign the Job Plan. If the first failure is applied by DHS and
the job seeker again refuses to enter into/vary their Job Plan, an ongoing
failure to meet a condition of their payment may exist. If DHS confirms this, the
job seeker’s payment may be cancelled from the date of the second refusal
5. What are my Job Search requirements? Can I have them reduced?
Under the jobactive system, most unemployed workers are required to look for 20 jobs
per month (see appendix I for details). However, there are a number of instances where
your job search requirements should be reduced. These include:
Paid Work ●
According to the “Mutual Obligations Guideline”, if you are undertaking at least 40
hours of declared paid work (including self-employment) per fortnight, the number of
Job Searches should be halved.
If you undertaking at least 70 hours of declared paid work (including self-employment)
per fortnight, the number of Job Searches should be nil.
"I am a single father If you are a recognised Primary Care Parent (PCP) or have
with a five-­‐month a Partial Capacity to Work and you are working 11-29 hours of
old. My jobactive paid work (including self-employment) per fortnight, your Job
provider is Search should be halved.
constantly cutting off my payments, Special Circumstances
claiming I am not meeting my job Below is an excerpt from the “Mutual Obligation Guideline”:
search requirements. How am I supposed There are some prescribed circumstances in which the number of
to support a child if Job Searches may be reduced. Providers may reduce the number
they keep cutting me of Job Searches as a result of a job seeker’s:
off?" – Cohan a. For all Job Seekers
●
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
▪
physical, intellectual or psychiatric impairment alcohol or drug abuse, where this is likely to impede Job Search substantially elevated level of family and caring responsibilities accommodation situation, where this is likely to impede Job Search education or skill level, where this is likely to substantially limit job opportunities current Employment status (Part-Time or casual work) domestic violence (including family violence) or family relationship breakdown
(Note: DHS may also grant an Exemption from Mutual Obligation Requirements in
these circumstances.) final three months of pregnancy level of English language skills, where the job seeker is undertaking a course to
improve these skills cultural factors the state of the labour market and the transport options available to the person in
accessing that market (for example, taking into account travel time).
Unemployed Workers’ Rights A Guide 12 For example, a Stream A job seeker either living in a metropolitan area or
within 90 minutes travel time to a metropolitan area would be expected to have
20 Job Searches per month. In a regional area with limited vacancies and
where the travel time to more positive labour markets is more than 90 minutes,
it might be appropriate that a Stream A job seeker has a lower Job Search
requirement—for example, 15 Job Searches per month.
b. For Stream C job seekers and job seekers aged 60
years and over
The number of Job Searches required by Stream C job seekers
and job seekers aged 60 years and over depends on their
capacity. However, in general they would be expected to
undertake 10 Job Searches per month.
In setting an appropriate number of Job Searches, in addition
to the considerations outlined above, Providers may also
consider the extent to which:
"I refused to sign and give details of my new employer on a form titled ‘Placement Details Form’ because they did not place me. My caseworker yelled at me and told me I have to sign the form. I explained I did not have to provide that information and was told (yelled at) that I did have to provide that information according to Centrelink. I was told Centrelink would suspend my payments for not signing the form. I refused and after some more yelling was given an appointment notification letter. I did not realise my appointment notification letter contained a compliance warning until I got home. At the time I was only told that they would inform Centrelink I have been uncooperative." –Sheryl "Since being made redundant from a job I did for more than 21 years, I have had only casual or fixed term jobs. I have also done four certificate courses, yet recently my jobactive case worker said, “You have a history of being unemployed”. I am made to feel useless by these jobactive staff, who are totally out of touch with the tough realities of looking for work, especially if you are mature aged." – Glen ▪
other non-vocational
issues or vocational issues are
being, or have been, addressed ▪
the job seeker has
undertaken re-skilling or retraining.
For Stream C job seekers, it
might be appropriate in some
Exceptional Circumstances to
have no Job Searches for a
period while non-vocational issues are actively
being addressed (for example, where a job seeker
is undertaking a residential drug and alcohol
rehabilitation programme).
The number of Job Searches required of Stream C
job seekers would be expected to increase over
time as they overcome or sufficiently manage
personal or non-vocational issues
c. Other Reasons
Below is an excerpt from the “Mutual Obligation
Requirement Guideline”:
Language, Literacy and Numeracy (LLN)
courses
For those job seekers that Providers have identified as needing to improve their LLN skills,
Providers may reduce the number of Job Searches during the period when the job seeker is
actively participating in a LLN course. The job seeker would need to be undertaking Skills
for Education and Employment, Adult Migrant English Program or another accredited LLN
course. However, Providers must ensure that the job seeker is simultaneously undertaking
some Job Search while participating in these programmes.
Unemployed Workers’ Rights A Guide 13 Other circumstances
Providers must not include Job Search requirements for job seekers while they are
undertaking NEIS Training, the NEIS programme or during the final three months of
pregnancy.
PCPs and PCWs (15 to 29 hours per week) who are fully meeting their part-time Mutual
Obligation Requirements through 30 hours per fortnight of paid work or approved
study must not have any simultaneous Job Search requirements included in their Job Plans.
Job seekers aged 55 years and over who are meeting their full-time Mutual Obligation
Requirements through 30 hours per fortnight of paid work or approved Voluntary
Work must not have any simultaneous Job Search requirements included in their Job Plans.
Providers must also not include Job Search requirements in the Job Plans of Early School
Leavers (ESLs),
6. My job agent is bullying me. What can I do?
●
All job agencies have to abide by the ‘Employment Service Provider Guarantees’ and
‘Employment Services Code of Practise’. These documents guarantee that you must be
treated “fairly and with respect”. If you feel your job agency is breaking these
commitments, we encourage you to take the following actions:
Take a friend or family member to your next appointment
●
Having a witness present will make your job agent much less likely to bully you. This
is your right. If you would like an advocate to help you deal with Centrelink as well,
ask a friend or family member to sign a Centrelink nominee form (see helpful links).
Request a new case manager
●
Ask to speak to the manager at your job agency (alternatively you can write a
letter/email). Inform them that your job agent is not fulfilling its basic commitments to
treat you fairly and with respect as stated in the ‘Employment Service Provider
Guarantees’ and ‘Employment Services Code of Practise’ and you would like to be
given a different case manager (see Appendix III)
Change job agencies
●
Fill out a transfer by request form (see helpful links) and state that you wish to transfer
agencies on the basis that you can get better services elsewhere. See question ten for
more details.
Make a complaint
Lodge a formal complaint with the Department of Employment. See Part Three for
more details.
Unemployed Workers’ Rights A Guide 14 7. I am being threatened with a penalty or activity that I do not
understand. What can I do?
If your job agency asks you to do something that you feel uncomfortable with, request
that your job agent provide evidence of what they are demanding of you with reference
to the jobactive deed or a jobactive guideline. Inform them that you will not be able to
cooperate until evidence is provided justifying their actions.
8. I am being forced to attend multiple appointments per month
(including training activities). What can I do?
According to the “Mutual Obligation Requirements Guidelines”, unemployed workers
are generally only obliged to attend one job agency appointment per month. If your
job agency informs you that you are required to attend more appointments than this
basic requirement, this is a breach of the jobactive deed and guidelines.
In addition to your Annual Activity Requirement (Work for the Dole, voluntary activity
etc.) which generally occurs for six months of the year, according to the “Mutual
Obligation Requirements Guidelines” you are usually required to attend only one job
agency appointment per month (see Appendix I for more details).
If your job agent demands that you attend any more appointments on
top of this monthly appointment, inform your job agency that would
"I feel like I treated like to re-negotiate your job plan to put it in line with the minimum
like a criminal, doing “Mutual Obligation Requirements”. If your job agency insists that
activities that have you must attend more than one job agency appointment per month,
zero impact on my request that your job agent produce the relevant section of the
job prospects. My jobactive deed or guidelines to provide evidence for this
jobactive provider requirement. State you will be unable to comply with their demand
makes me go in until they do so.
every single day for an hour to apply for If you are unable to attend your monthly job agency appointments
work on their due to certain issues, you have the right in certain circumstances to
computers." – Anon conduct the appointment over the phone.
9. My job agent does not give me enough notice before scheduling an
appointment or activity. What can I do?
As noted in the “Job Seeker Compliance Framework Guideline”, your job agent must
give you reasonable notice ahead of any appointment or activity.
So what is reasonable notice? It depends on how you are contacted. Below is a excerpt from the Job Seeker
Compliance Framework Guideline: Unemployed Workers’ Rights A Guide 15 ●
●
●
If your provider contacts you by phone, face to face, or handed a letter to
“Two weeks into organise an appointment or activity, you must be given 3 Calendar days
Newstart I went notice.
online to view my profile and saw that I Note: If you are contacted by phone, the provider must speak directly to the
had been cut off. Back job seeker.
in Centrelink, they told me I hadn’t If you are contacted you by email (only available when it is the job seeker’s
attended an notification preference), you must be given 2 business days notice.
appointment. I was never told of any Note: For an email notification to be valid, Providers must ensure that the
appointment and had job seeker has read and understood the email—for example, by using a
never heard of the ‘read receipt’—at least one day before the Appointment or activity. Where
agency. No letter, no the job seeker does not respond to email notification, another method
appointment should be used.
reminder… nothing.“ – Darren If you are contacted by mail, you must be given 4 business days notice.
However, according to Social Security Law your job agent can simply bypass these
rules by organising an appointment or activity directly with the unemployed
worker as long as the unemployed worker agrees. This relies on the job seeker not knowing their rights. If your job agent tries to
organise an appointment or activity without the required notice, simply inform them of
your rights and lodge a formal complaint 10. I want to change Job Agencies. How can I do this?
Transferring providers is an important right of unemployed workers. While you can
request a transfer at anytime by filling out a “Transfer By Agreement” form (see
‘helpful forms’ section) job agencies are only obliged to accept your transfer request
under specific circumstances as noted under the “Transfers Guideline”. These are:
● Change of Address After changing addresses, the Department of Human Services can automatically
transfer you to a new provider if it is determined that your current
Employment Provider is “not within a reasonable distance” of your
"The manager at my new address.
jobactive provider office hung up on me If the department does not do this automatically, then you can do it
during a phone call yourself through a Transfer By Agreement form.
because she ‘wasn't happy’”. – Liljana If you get transferred automatically and you would prefer to stay at
your old Provider, you can also request a transfer.
● Relationship Failure If you believe you cannot maintain a “reasonable and constructive relationship” with
your Employment Service Provider, you can call the Department of Employment
National Customer Service Line on 1800 805 260. A customer service officer will
record the request and help to make the transfer if approved.
Unemployed Workers’ Rights A Guide 16 ● ‘Better Servicing’ If you believe that you could receive services that could “better enhance” your
Employment prospects from another provider, you can request a transfer.
To request a transfer, you must call the Department of Employment’s National
Customer Service on 1800 805 260, which will assess the request. If the Department
agrees, they will action the transfer. If they do not agree, you
will be informed of the decision. "My sister's jobactive provider had her 11. My job agent wants my pay slips. What should I
payments from do?
Centrelink suspended because There is no section of the mutual obligation requirements
she didn't attend an guideline that states unemployed workers are required to hand
appointment. She in payslips to their job agency. You are required to report your
was giving birth this income to Centrelink, not your job agency.
day and they were aware she was due to If your job agency requests that you hand in your payslips,
have her baby." inform them that you will only give them the payslips if they
– Nalina provide evidence with reference to the jobactive deed stating
that it is part of your mutual obligation requirements. State you
will be unable to comply with their demand until they do so.
12. My job agency is penalising me for missing an appointment with
them. What is a reasonable excuse for missing this appointment?
Before your Employment Service Provider can issue a Provider Appointment Report
to recommend to Centrelink that you should face a financial penalty for failing to
attend an appointment or activity, they must contact you on the day of being made
aware of the compliance to ensure a reasonable excuse “does not exist”.
"I made the mistake of telling my jobactive provider I had found work and wouldn't be coming in anymore. I didn't give them the details and now they continue to call and email me almost bi-­‐weekly wanting details of my employer and payslips, and threatening to cut my payments and report me to Centrelink for fraud." – Tom This means that if your Employment Service Provider
issues you with a financial penalty without contacting to
see if you have a reasonable excuse, the penalty is illegal.
As stated in the Job Seeker Compliance Framework
Guideline
“A Provider Appointment Report (PAR) can only be
submitted after contact has taken place between the
Provider and job seeker to confirm Reasonable Excuse does
not exist.”
Under Social Security Law, a reasonable excuse has a very
vague definition. Below is a excerpt of the Job Seeker
Compliance Framework issued by the Government:
“When determining whether a reason for non-attendance is valid, Providers
will need to use their judgement and knowledge of the job seeker. Generally, the
measure of ‘validity’ is whether a member of the public would accept the
circumstances as reasonable. For example, given that the focus is for job
Unemployed Workers’ Rights A Guide 17 "I have permanent back pain and they still force me to apply for kitchen and house keeping jobs." – Ljubica seekers to develop work-like behaviours and move into
sustainable paid employment, would the reason that the job
seeker provides be accepted by an employer?
Based on the discussion with the job seeker, the Provider must
assess whether the jobseeker had a Reasonable Excuse for
failing to comply with the requirement. A ‘Reasonable Excuse’ is
an excuse that would seem reasonable to a member of the public.
Given that each situation is different, Providers need to consider
what is reasonable in the specific context of the non-compliance.
There are two stages in assessing whether the job seeker has a Reasonable Excuse for failing
to comply with the requirement:
Providers must consider why the job seeker did not comply. If the job seeker provides an
acceptable reason, the Provider must then consider why the job seeker did not give prior
notice. Where a job seeker does not give prior notice of their inability to attend and it would
be reasonable to have expected them to do so, they do not have a Reasonable Excuse. In some
instances, prior notice will not be relevant for Providers to consider—for example;
inappropriate behaviour or declining suitable paid employment”
13. My job agent is forcing me to accept a job that is not suitable. Can I
refuse it?
The “Mutual Obligations Requirements Guideline” gives unemployed workers the
right to reject work that is considered “unsuitable”. Below is an excerpt of the
guideline:
“Work will be Unsuitable if it:
• aggravates a job seeker’s medical illness, disability or injury
• is above the job seeker’s assessed work capacity within the next two years with
Intervention
• does not meet the applicable statutory conditions of work
• requires the person to change their place of residence where they are
unwilling to move
• involves unreasonable commuting time from home to work (more than
60 minutes one way for PCPs and job seekers with an assessed PCW
and more than 90 minutes one way for other job seekers)
• involves skills the job seeker does not possess and appropriate training
will not be provided by the Employer.
Where job seekers are undertaking an education or training activity that
is included as a compulsory item in their Job Plan, the job seeker is only
required to accept a job that does not conflict with the timing of that
education or training.”
Unemployed Workers’ Rights A Guide "My job active provider made me apply for a job that was three hours a day, working four days a week, and required spending more than two hours by public transport to get to. So I would have spent twelve hours a week working, and sixteen hours traveling." – Anon 18 PART TWO: Work for the Dole Concerns 1. I am being forced to undertake a Work for the Dole activity against
my will. Can I undertake another activity instead, such as voluntary
work or part time study?
Job agencies routinely claim that Work for the Dole is a compulsory activity for most
unemployed workers. This is not true.
The latest “Mutual Obligations Requirements Guideline” clearly states that other
approved activities aside from Work for the Dole “will enable a job seeker to meet their
Annual Activity Requirement”.
These activities include voluntary work, part time study and accredited language,
literacy and numeracy courses.
It must be remembered that Job agencies make money every time an unemployed
worker undertakes a Work for the Dole activity (see appendix II). As a result, it is
commonplace for job agencies to force unemployed workers into Work for the Dole
activity without informing them of these important options. Below is an excerpt from the Mutual Obligations Requirements
Guideline on what is an approved activity:
"I'm in my 50's, and my jobactive provider told me that I had to do Work For the Dole for 25 hours per week or lose the dole." – Allen For job seekers aged 18 to 49 years with full-time Mutual
Obligation Requirements, Work for the Dole is the
principal Activity to meet their Annual Activity
Requirement unless they have:
• arranged to meet their Annual Activity Requirement
through another approved Activity that will start at the
time they become subject to the Annual Activity
Requirement, or
• already undertaking other approved Activities at the time they enter the Work
for the Dole Phase. Job seekers aged 50 to 59 with full-time Mutual Obligation Requirements may
choose to undertake Work for the Dole or other approved Activities to meet
their Annual Activity Requirement. PCP (Primary Care Participants) and PCWs (Partial Capacity to Work) of any
age may choose to undertake Work for the Dole or other approved Activities to
meet their Annual Activity Requirement.
Unemployed Workers’ Rights A Guide 19 In addition to Work for the Dole, the other
"When I did Work For the approved Activities that will enable a job
Dole, I was often working seeker to meet their Annual Activity
alongside persons doing Requirement are:
community service for crimes varying from theft, • Part-Time Employment assault, to drink driving. • Unpaid Work Experience Placements People outside of the • Voluntary Work programs would assume that • part-time study/training (in a Certificate
everyone was there for III or higher) criminal offences or had • accredited language, literacy and
substance abuse problems. I numeracy courses, which can include witnessed Work For the Dole o Skills for Education and Employment hosts destroy the lives of o Adult Migrant English Programme many talented people who’s • Defence Force Reserves only crime was not being • Other government programmes, including
able to find a job that did not state government programmes and the
exist." – Alan Green Army Programme. Job seekers may also undertake a combination of the Activities listed above
where it is deemed suitable or necessary by the Provider. For Stream C job
seekers, participation for the relevant number of hours in non-vocational
assistance and interventions will meet their Annual Activity Requirement. PLEASE NOTE, there are certain Activities that will not count towards meeting
a job seeker’s Annual Activity Requirement. These include:
• non-accredited education and training (such as Masters or Doctorate
Courses) • Certificate I or II courses • non-vocational assistance and Interventions (except for Stream C job
seekers). For example, careers counselling, personal development
courses and addictions interventions. Note: For study to be approved, it must meet the Short Course approval conditions (i.e
less than 12 months or 2 semesters duration). If your course is longer, you may be
eligible for AUSTUDY (see helpful links for more information). 2. How do I undertake a volunteer activity instead of Work for the Dole?
Job agencies routinely inform unemployed workers that volunteer activities are only
available for people over the age of 50. This is incorrect.
Unemployed workers of all ages can undertake voluntary work instead of Work for the
Dole. According to the “Mutual Obligations Requirements Guideline”, volunteer work
is an approved activity that will enable unemployed workers to meet their Annual
Activity Requirement. Unemployed Workers’ Rights A Guide 20 Here, it is important to note that “voluntary work” and “Work for the Dole” are two
different activities. The place where you do Work for the Dole is called a “host site”,
whereas the place where you can do voluntary work is called an “approved volunteer
organisation”. Work for the Dole host organisations and job agencies get paid for
participating in the Work for the Dole program (see Appendix II), while volunteer
organisations do not. This is one of the main reasons job agencies are so keen to funnel
people into Work for the Dole activities.
The AUWU encourages all unemployed workers to seek out a volunteer organisation not only do you get to choose something that suits your interests, but you are fighting
against the largely punitive Work for the Dole system.
There are two important things to remember when you are deciding what
voluntary work you would like to do:
● The volunteer organisation must be a non-for profit organisation.
● The organisation must be an approved Centrelink volunteer
organisation.
To make sure your volunteer organisation of choice is an approved
Centrelink volunteer organisation, you must fill out a ‘Request for
Organisational Approval’ (Form SU461, see Helpful Forms
Section). After that form is submitted to Centrelink, both you and
your chosen volunteer organisation must fill out a ‘Verification of
Voluntary Work’ form (Form SU462, see Helpful Forms Section).
Unfortunately, due to the fact your job agent will not make any
money out of you attending a volunteer activity, you must do the
legwork to undertake voluntary work with your chosen non-forprofit organisation. Your job agency may even go out of their way
to make it difficult for you to attend a volunteer activity, or try and
convert this volunteer activity into a Work for the Dole activity. 3. I have a medical condition/caring responsibilities yet
my job agent is forcing me to do an activity. What can
I do?
Ask Centrelink for an Employment Services Assessment (ESAt).
“I have a spinal condition and have been assessed as capable of working 15 hours a week. Sometimes, I feel like I can and many, many other times I feel I can't. My pain can be excruciating. Today was a case in point, where is was 40 degrees outside and I had to hobble ten minutes down the road to catch the bus. On the way back home my hips/pelvis locked up and it took what seemed like forever to get home in a thunderstorm as I kept having to stop and rest.” – Maddison Employment Services Assessments are one of the most important
rights that unemployed Australians have. Employment Services
Assessments are designed for unemployed workers who have
barriers to work that are not being recognised by their job agency.
The AUWU strongly encourages all unemployed workers to request an Employment
Services Assessment as all appointments or activities (including job search
requirements) will be suspended from the moment your Assessment is booked. This
time without any mutual obligations can be a useful breather to get back on top of your
situation.
Unemployed Workers’ Rights A Guide 21 When you attend your assessment, make sure to bring all relevant documentation that
proves that you have barriers to work. Some of these barriers to work include: ▪
▪
▪
Physical condition Psychological condition Caring Responsibilities
"I got the flu and one of my children was off sick from school. I ended up not going to my Work For the Dole activity for two days. I called my jobactive provider and was told to go get a medical certificate. I could not get an appointment until the following week and doctors don't back date medical notes. I got fined $119 for the two days I was sick and caring for my child. I'm going to have to apply for a food voucher from a charity now. I have never ever had to do this before, and I'm embarrassed to even have to do this." – Anon If your barriers to work are proven to be genuine,
you can be exempted from doing your mutual
obligation activities (including Work for the Dole)
for a certain period. In other cases, you will be
considered to have a Partial Capacity to Work
(PCW) and your mutual obligation requirements
will decrease. Whatever Centrelink decides, you
have the right to have it sent to you in writing. As
with every Centrelink decision, you can have this
decision reviewed by a Centrelink Authorised
Review Officer.
You can request an ESAt by contact Centrelink by
phone, in writing or in person. Centrelink must book you into an Employment
Services Assessment. If they do not book you in,
you should ask to speak to their manager and state
that it is your right to be booked in for an ESAt. If Centrelink say that they cannot book you in
because there are no appointments available,
inform them that you will not be leaving until
they schedule one and ask them how to make a
complaint about their refusal to book you in. It
is not your fault they are entirely booked out and you should not be forced to pay for
this lack of resources by going to appointments and activities that will aggravate your
medical condition. If they refuse to process your complaint, get the operator’s name and a reference
number if possible and call the Commonwealth Ombudsman (1300 362 072) to
make a complaint about their failure to book you in.
4. I have concerns about the safety and suitability of my Work for the
Dole activity. What are my rights?
You have the right to work in a safe and suitable Work for the Dole activity. However,
as job agencies make money for each unemployed worker they place into a Work for
the Dole activity, safety checks are routinely rushed through, done improperly, or not
done at all.
According to the Work for the Dole Guideline, a risk assessment must be conducted for
each Work for the Dole place and for each unemployed worker placed in a Work for
the Dole place (see Appendix IV). These assessments are conducted either by the Work
for the Dole Coordinator or the job agency depending on the situation. Both these
assessments give unemployed workers important protections: Unemployed Workers’ Rights A Guide 22 Work for the Dole risk assessment (place) checklist
(i)
The Work for the Dole Risk Assessment (place) Checklist ensures
that all Work for the Dole activities must have all “work health and
safety issues …addressed and managed before the Place/Activity
commences and at all times during the Place/Activity”.
If you believe that your Work for the Dole activity does not have
adequate “work health and safety processes” as defined by the risk
assessment checklist, the activity does not meet requirements of the
jobactive deed and must be discontinued immediately if not
addressed (see Appendix IV for a copy of the risk assessment
checklist). If your Work for the Dole activity does not meet the
requirements of the Work for the Dole risk assessment inform your
job agency and your onsite Work for the Dole supervisor that
you will not work there until the issue has been addressed. If no
action is taken, report the site and the agency to the Department of
Employment (see part three for more details).
(ii)
Work for the Dole risk assessment (person) checklist
Your job agency must in undertake a risk assessment for each
individual unemployed worker participating in a Work for the Dole
activity. The assessment must ensure the Work for the Dole activity
is “suitable and safe”. This guarantees all unemployed workers are
given:
●
●
●
●
training and supervision personal protection equipment and clothing onsite facilities (access to drinking water and toilet) information on processes for reporting any work health and safety
issues and any other concerns, including escalation to the provider Additionally, job agencies must take into consideration your
“personal circumstances such as working capabilities and capacity
and whether the level of supervision will be adequate". If you do
not feel these rights are being respected, inform your Work for the
Dole site and your job agency. If no action is taken, report the
site and the agency to the Department of Employment (see part
three for more details). 5. Am I insured if I am injured at my Work for the Dole
activity?
Yes. The Department of Employment has engaged insurance
company Arthur J. Gallagher Australia to arrange insurance for all
unemployed workers undertaking a placement as a part of the
jobactive system. See the helpful links section for a direct link to
the official insurance guide.
Unemployed Workers’ Rights A Guide "I have been forced to a Work for the Dole activity that undermines my health and is unsafe for me due to my physical condition. I was given no choice about doing any other activity. I am also being bullied: I have been denied access to toilet when I need it, being forced to do things that seem to be completely pointless and punitive, not being provided with appropriate tools and protective clothing." – Anon “I have depression and a shoulder injury I haven't been able to get assessed due to the costs. Hanging up clothes repetitively at my Work for the Dole placement is the exact sort of activity which would demolish my shoulder in no time. I'm feeling extremely miserable about this prospect and how it could make me worse off financially, mentally and physically." – Anon 23 6. I am receiving paid work but my job agency is still forcing me to do
Work for the Dole. Can they do that?
According to the jobactive deed, if you are in paid work and you receive a reduced
Newstart rate as a result (even by 1 cent), you do not have to Work for the Dole (or any
other Annual Activity Requirement.
Below is a direct quote from the “Mutual Obligation Requirement
Guidelines”: In a Job Plan, Providers must not include participation in
Work for the Dole (or other approved programs of work) as
a compulsory item:
• for job seekers receiving less than the full rate of Newstart
Allowance, Youth Allowance (other) or Parenting Payment
Single, where the rate is reduced due to the income test
(Note: A reduced rate can result from the job seeker’s own
income and / or their partner’s income.) • for Special Benefit—Nominated Visa Holders if the person
or the person’s partner has income • where the Activity is more than 50 hours per fortnight • where the job seeker is aged under 18 or is 60 and over. "Even though I do up to 38 hours a week of casual work, my jobative provider wants me to do 20 hours a week of Work For the Dole, and look for 20 jobs. Where will I find the time?" – Anon 7. How many hours do I have to do for Work for the Dole?
The hours you are required to do depends on three things:
● Your age ● Whether you are in stream A, B or C ● Whether you are a single parent (known as Primary Care
Provider) or you have been given a Partial Work Capacity (PWC)
You are only required to fulfil these obligations when you are
within your Work for the Dole phase which lasts for six months
of every year. To find how many hours you have to work, please
look at the Mutual obligation tables seen in Appendix I. "I actually did strain my back at Work For the Dole a few years back. Cutting cloths into rags, the slight forward posture strained the muscles, incredibly painful. They refused to acknowledge the injury so I got a doctors note." – Anon Unemployed Workers’ Rights A Guide 24 Part Three: Appealing Against a Decision, Making Complaints and Fighting Back 1. Am I likely to be subject to negative repercussions for standing up for
my rights? I am scared I will lose my benefits or be kicked off the dole.
Asserting your rights can be intimidating. However, as long as you do not break your
minimum mutual obligations, your job agency cannot kick you off the dole. If your job
agency threatens to penalise you kick you off the dole for asserting your rights, this is
bullying. See part one for more information on how to handle a bullying job agency.
2. How do I appeal against a Centrelink or Job Agent penalty? How do I
make a Complaint?
Under social security law, Centrelink makes all compliance decisions. Your job agent
only sends a ‘recommendation’ to Centrelink that you should be penalised – Centrelink
is the one that implements it. For this reason, all appeals must be made through
Centrelink. All decisions made by Centrelink can be reviewed.
Below is a simple step-by-step guide to effectively appealing against your penalty
(please note, some of these steps may not be applicable to
your particular issue): •
Step One: Write a letter to your job agency (optional) Send an email or letter to your job agency case
manager informing them that you believe you have been treated
unfairly and this form of mistreatment is in breach of the
jobactive deed.
In the letter, inform your job agency that you will not tolerate
any mistreatment penalty that you plan to lodge an official
complaint with the Department of Employment.
It is likely your job agency will not reply, but this letter is
important as it provides a record of your complaint which you
can use later.
Documenting your mistreatment with accurate dates and names
is important to ensure that any appeal you undertake is given the
best possible chance of success.
Within this letter you can also request to be given a different job
agent, or can request to be transferred by sending them a transfer
by agreement form (see Useful Forms section). Unemployed Workers’ Rights A Guide "My friend went to the group interview set up by his jobactive provider. They were told they would all be guaranteed a job but first they had to attend three weeks unpaid training to get a Cert. 3 in Customer Service (paid for luckily). But there was no actual job at the end. It was a way for all involved to get funding off the government. He ended up making a complaint about his provider and it is currently under investigation." – Anon 25 ●
Step Two: Contact Centrelink
After being informed of your penalty, contact Centrelink – either by phone, in person
or in writing – and request an internal review. An Authorised Review Officer (ARO)
will then review your case. This process is well worth it as Centrelink changes roughly
one-quarter of all compliance decisions.
According to the Centrelink website, you should ask for a review “within 13 weeks of
being notified about a social security decision. If your request for a review is more
than 13 weeks after being notified and the decision can be changed, you may only
receive your entitlement from the date you requested the review.” ●
The Authorised Review Officer will contact you when they finish reviewing the
decision. If you do not agree with the decision of the Authorised Review Officer, you
should request another review through the Administrative Appeals Tribunal (AAT).
Ask Centrelink how to do this.
Step Three: Lodge a complaint with the Department of Employment
It is important that you contact the Department of Employment
National Customer Line on 1800 805 260 to officially lodge
your complaint. Inform the phone operator in clear language the
nature of your complaint, and request that the matter be
investigated by the Department.
Lodging a complaint with the Department can be difficult. The
AUWU has heard of cases where the phone operator refused to
lodge the complaint. If this happens, inform them that it is your
right to have your complaint processed.
When talking to the Department, ask them for the reference
number for the call and be sure to take down the name of the
phone operator. This will be useful later if you need to take
further steps.
●
“I started to believe I was lazy. But as soon as I got back into work, I realized: "No! I'm not lazy!” At work, I have a good work ethic, and I work hard. How could these people make me believe I was lazy because I was unemployed? Because when you're told something over and over, you will start believing it as truth.” –Nicole If the Department processes the complaint, they will contact the
job agency and inform them of the complaint and ask them for a
response. The Department may send you something in the mail
giving them permission to contact the job agency on your behalf.
Step Four: Contact the Commonwealth Ombudsman (if necessary) If Centrelink or the Department of Employment refuses to process your appeal or you
believe that they have failed to investigate your appeal adequately, contact the
Commonwealth Ombudsman (1300 362 072).
●
It is the role of the Commonwealth Ombudsman to ensure Government departments
effectively process reviews. Make sure you get a reference number for your appeal
from Centrelink as the Commonwealth Ombudsman will ask for it. Step Five: Get Legal Support
Unemployed Workers’ Rights A Guide 26 ●
If Centrelink, the Department of Employment and the Ombudsman have all failed to
adequately deal with your complaint, contact your local Welfare Rights Centre,
Community Legal Centre or Legal Aid Centre for legal advice. These services may not
be able to assist with your case directly, but they will be able to advise you what your
options are legally for no cost (see helpful phone numbers).
Step Six: Write to the Australian Unemployed Workers’ Union
It is important to challenge the dominant myths about unemployment that are
used by the Government to justify its punitive treatment of unemployed and
underemployed workers.
For this reason, the AUWU encourages all unemployed workers to contact us and tell
us your story (anonymously if you wish). We can then publicise it throughout our
networks.
This will also apply extra pressure on Centrelink and your job agency to deal fairly
with your case. Contact us on [email protected] and in your own
words tell us about what happened to you. 3. I want to get more involved in the Australian Unemployed Workers
Union. How can I help?
In addition to offering advocacy and support services for our members, the AUWU
provides Australians with a platform to fight back against the Government’s ongoing
attacks against unemployed and underemployed workers. Our overall aim is to initiate
a national grassroots political movement against Australia’s employment crisis and to
help organise a popular movement pushing for immediate and extensive Government
action in this area. Uniting with other social security recipients and the sympathetic public to fight back
against unfair treatment is the only way this system will ever change. If you are
interested in becoming more involved in the AUWU, please follow these steps: ●
Become a member
Join the Australian Unemployed Workers Union today. It is free and all are welcome.
By joining you will get:
(a) free access to our National Advocacy Hotline to support you
in your deals with your job agent
(b) copies of our leaflets and posters
(c) the opportunity to meet other AUWU activists in your area
(d) notification of upcoming meetings, actions, legislative
changes etc
(e) access to our growing list of contacts and friendly
Unemployed Workers’ Rights A Guide "Was on the phone to Centrelink for two hours, one time, then got hung up on, and waited again one hour. Call cost $43.91 when I have a budget of $30 a month." – Natassia 27 ●
organisations
Join your local branch and branch attend meetings
If you are interested in joining your local branch, go to our ‘Find Your Branch’ page on
our website (see Helpful Links).
If you do not have access to the internet or their is no branch in your area, contact us on
contact@unemployedworkersunion or (03) 8394 5266 and we will assist Appendix I.
Legend
In its material, the Government use a range of deliberately deliberately confusing jargon and acronyms. Some terms a defined below: !
SPI: Stronger Participation Incentives Explanation
All Stream A job seekers as well as Stream B job seekers subject to Stronger
Participation Incentives (SPI) for Job Seekers under 30 measure will enter the Work
for the Dole Phase in their first year of service and every subsequent year that they
remain unemployed.
!
AAR = Annual Activity Requirement Explanation
Mutual Obligation Requirements include the range of requirements a job seeker can
be compelled to fulfil under Social Security Law in return for activity-tested income
support. These include attending Provider Appointments, undertaking Job Search and
acting on referrals to jobs, undertaking an Annual Activity Requirement and
participating in any other activity that is relevant to their personal circumstances and
that will help the job seeker improve their employment prospects.
!
PCP/PCW = Principle Carer Payments / Partial Capacity to Work Explanation
Job Seekers with part-time participation requirements, such as Principal Carer
Parents (PCP) or those assessed as having Partial Capacity to Work (PCW), will
generally have to undertake less activities than other Newstart recipients
Unemployed Workers’ Rights A Guide 28 II.
Mutual Obligation Requirement Tables
(a) Unemployed Workers up to 30 years old
Unemployed Workers’ Rights A Guide 29 (b) Unemployed Workers between 30-49 years old
Unemployed Workers’ Rights A Guide 30 (c) Unemployment Workers between 50 and 59 years
Unemployed Workers’ Rights A Guide 31 III.
How Job Agencies Make Their Money
(a) Outcome Payments
Unemployed Workers’ Rights A Guide 32 Unemployed Workers’ Rights A Guide 33 (b) Work for the Dole Fees
Unemployed Workers’ Rights A Guide 34 Unemployed Workers’ Rights A Guide 35 IV.
Employment Services Guarantees and Code of Conduct
Unemployed Workers’ Rights A Guide 36 Unemployed Workers’ Rights A Guide 37 Unemployed Workers’ Rights A Guide 38 V.
Work for the Dole Risk Assessment (Place)
Unemployed Workers’ Rights A Guide 39 Unemployed Workers’ Rights A Guide 40